Application

PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

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PTO- 1478

Approved for use through 02/28/2021. OMB 0651-0009

U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number

Trademark/Service Mark Application, Principal Register

Serial Number: 90539872

Filing Date: 02/22/2021

To the Commissioner for Trademarks:

MARK: PARTICLE ETHER (Standard Characters, see mark)
The literal element of the mark consists of PARTICLE ETHER. The mark consists of standard characters, without claim to any particular font style, size, or color.
The applicant, PARTICLE INDUSTRIES, INC., a corporation of Delaware, having an address of
      126 Post Street
      San Francisco, California 94108
      United States
      XXXX

requests registration of the trademark/service mark identified above in the United States Patent and Trademark Office on the Principal Register established by the Act of July 5, 1946 (15 U.S.C. Section 1051 et seq.), as amended, for the following:

International Class 009:  software for general purpose embedded applications, namely, for use in internet-connected embedded devices and embedded devices with radios; software development tools for general purpose embedded applications;
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 038:  Providing access to wireless, satellite and cellular telecommunications networks; providing wholesale access to voice telecommunications networks; Internet of Things (IoT) connectivity management services, namely, providing telecommunication connections to the Internet; providing wholesale access to telecommunications networks; voice telecommunications services, namely, transmission of voice by means of telecommunications networks for industrial, commercial, healthcare and transportation purposes; machine to machine telecommunications services, namely, transmission of voice, data and documents via wireless, satellite and cellular communication networks; data telecommunications services, namely, transmission of data and documents via telecommunications networks for industrial, commercial, healthcare, environmental monitoring, material and resource tracking, utilities consumption monitoring, equipment monitoring, point of sale, credit card processing, debit card processing, payment processing, automatic bank teller (ATM), security, asset tracking, GPS location, remote monitoring, vehicle tracking and transportation purposes; wireless multimedia and interactive telecommunication services, namely, Internet connectivity in the nature of Internet service provider services, portal services in the nature of providing access to cellular telecommunications and computer networks, wireless digital messaging services and data communication by electronic mail; providing virtual private network (VPN) services, namely, private and secure electronic communications over a private or public computer network
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 039:  Telematics-based geolocation services, namely, GPS navigation services for locating geographical locations of people, electronic devices and assets
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.

International Class 042:  Software as a service SAAS services featuring software for use in networks of connected devices, including security, messaging, data collection, software deployment, and management of connected devices and for providing data storage and shared computing capacity scaling; hosting, managing, developing, and maintaining applications and databases for use by others for developing embedded applications for network connected products; providing a web site featuring information in the fields of open source computer software development, computers, computing, computer software, technology, media, computer software design for network connected products, and downloadable third party and open source computer software for connected devices; providing temporary use of nondownloadable operating system software, open source operating system software, computer operating systems; applications software for use in software development, software development tools, and graphic user interface software via electronic and optical communication networks. technical support services, namely, troubleshooting in the nature of diagnosing computer hardware and software problems of users trying to connect to cellular telecommunications networks, troubleshooting in the nature of diagnosing computer hardware and software problems associated with computer network and cellular telecommunications network connectivity, monitoring technological functions of computer network systems, monitoring the technological functions of Internet of Things (IoT) enabled electronic devices connected to cellular telecommunications networks, monitoring connections in telecommunication network systems between Internet of Things (IoT) enabled electronic devices and telecommunications networks to ensure proper functioning and providing technical consultation with respect to the deployment of cellular telecommunications networks for others and connecting Internet of Things (IoT) enabled electronic devices in relation thereto; providing temporary use of on-line non-downloadable computer software for enabling users to remotely manage, deploy, administer, modify and control Internet of Things (IoT) enabled electronic devices, data and other software applications on commercial wireless telecommunications networks; application service provider, namely, managing applications of others in the field of telecommunications; application service provider, namely, managing applications of others in the field of Internet of Things (IoT) connectivity; Providing temporary use of online non-downloadable computer software, namely, nondownloadable computer software for management of assets, namely, tracking and monitoring asset activity, electronic monitoring, realtime location tracking, displaying of diagnostics of asset and asset performance data; Providing temporary use of nondownloadable cloud-based network management software for use for tracking assets; providing temporary use of nondownloadable cloud-based communications software for connecting assets to computer networks, communication networks, wireless networks, and mesh networks; providing temporary use of nondownloadable cloudbased computer software for administration of computer networks, communication networks, wireless networks, and mesh networks; providing temporary use of nondownloadable cloud-based network access server operating software; providing temporary use of nondownloadable cloud-based software for allowing users to monitor and assess network connectivity of assets, while they connect to each other and to the Internet; providing temporary use of nondownloadable cloud-based software for connecting assets to secure multi-network communication networks, supporting both asset-to-asset and asset-to-infrastructure communication; providing temporary use of nondownloadable cloud based software for securely connecting assets to each other and to the available Internet gateways; providing temporary use of nondownloadable secure cloud-based network management platform for allowing network and asset management operators to deploy and update the firmware remotely; Computer services, namely, providing temporary on-line use of non-downloadable software for use in asset monitoring and diagnostics to check for proper functioning, asset location tracking, checking asset logs, receiving asset status updates, receiving geographic mapping and directions, dispatch, logistics and routing, maximization of asset utilization, prevention of theft and loss, and monitoring of inventory, operator identity authentication, security threat detection, security threat validation, security threat escalation, security threat mitigation and monitoring of asset operational status; Providing machine-to-machine (M2M) communication integration services, namely, the integration of disparate computer systems, networks, hardware and software through the application of wireless communication technology to facilitate M2M communication via web-based browsers, personal digital assistants, mobile phones, embedded microprocessors, sensors and other electronic devices; Electronic monitoring of various functional aspects of asset management, namely, monitoring the functioning and compliance of at-rest and in-transit assets using computers and sensors
Intent to Use: The applicant has a bona fide intention, and is entitled, to use the mark in commerce on or in connection with the identified goods/services.



The owner's/holder's proposed attorney information: Meaghan Zore. Meaghan Zore of Zore Law, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, is located at
      Suite 12
      761 Tehama Street
      San Francisco, California 94103
      United States
      415-347-0004(phone)
      meaghan@zorelaw.com

Meaghan Zore submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.

The applicant's current Correspondence Information:

Meaghan Zore

PRIMARY EMAIL FOR CORRESPONDENCE: meaghan@zorelaw.com        SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): will@particle.io; zach@particle.io Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the applicant owner/holder and the applicant owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

A fee payment in the amount of $1400 has been submitted with the application, representing payment for 4 class(es).

Declaration

	Basis: If the applicant is filing the application based on use in commerce under 15 U.S.C. § 1051(a): The signatory believes that the applicant is the owner of the trademark/service mark sought to be registered; The mark is in use in commerce and was in use in commerce as of the filing date of the application on or in connection with the goods/services in the application; The specimen(s) shows the mark as used on or in connection with the goods/services in the application and was used on or in connection with the goods/services in the application as of the application filing date; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate. And/Or If the applicant is filing the application based on an intent to use the mark in commerce under 15 U.S.C. § 1051(b), § 1126(d), and/or § 1126(e): The signatory believes that the applicant is entitled to use the mark in commerce; The applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date on or in connection with the goods/services in the application; and To the best of the signatory's knowledge and belief, the facts recited in the application are accurate.
	To the best of the signatory's knowledge and belief, no other persons, except, if applicable, concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services of such other persons, to cause confusion or mistake, or to deceive.
	To the best of the signatory's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the allegations and other factual contentions made above have evidentiary support.
	The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that all statements made of his/her own knowledge are true and all statements made on information and belief are believed to be true.

Declaration Signature

Signature: /Zach Supalla/   Date: 02/22/2021
Signatory's Name: Zach Supalla
Signatory's Position: CEO
Signatory's Phone Number: 415-316-1024
Signature method: Sent to third party for signature
Payment Sale Number: 90539872
Payment Accounting Date: 02/22/2021

Serial Number: 90539872
Internet Transmission Date: Mon Feb 22 18:56:53 ET 2021
TEAS Stamp: USPTO/BAS-XXXX:XXXX:XXXX:XXX:XXXX:XXXX:X
XXX:XXXX-20210222185653210578-90539872-7
70361b1a3b7e4966a7145b57fabab05e6b8da52b
f388cf5712f6ad6ddccfc16c-CC-56514471-202
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